The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 36
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ROBERT R. BRUBAKER,
VLADIMIR L. MOTIN, and
GEORGE B. SMIRNOV
__________
Appeal No. 2002-2281
Application No. 08/302,423
__________
ON BRIEF
__________
Before ADAMS, MILLS, and GRIMES, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 10-13, which are all the claims pending in the
application.
Claim 10 is illustrative of the subject matter on appeal and is reproduced
below:
10. A method of controlling Y. pestis in a mammal comprising the steps
of:
a) providing a vaccine comprised of an antigen protein encoded by
a plasmid prepared by recombinant techniques having the
construct shown in Figure 1; and
b) treating a mammal with an immunologically effective amount of
the vaccine.
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